Volume I, s.2 Structure of the ICC, 8 Privileges and Immunities
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
- Diplomatic privileges — Diplomatic missions — Diplomatic immunity — Immunity from jurisdiction, states — Immunity from jurisdiction, state officials — Immunity from jurisdiction, taxation of foreign state property — Immunity from jurisdiction, ratione personae — Prosecutors
Privileges and immunities are essential in order to preserve the independence and impartiality of international courts and tribunals. Therefore, Article 48 of the Statute of the ICC provides for such privileges and immunities for the Court itself (Article 48(1) ), for the personnel of the Court—including the judges, the Prosecutor, the Registrar, and their staff—(Article 48(2) and (3) ), and for counsel, experts, and witnesses (Article 48(4) ), as well as setting out the conditions for waiving these privileges and immunities in each case (Article 48(5) ). However,...